03 01 99 Minutes
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CITY OF DUBUQUE, IOWA
COUNCIL PROCEEDINGS
OFFICIAL
Monday, March 1, 1999, Special Session, 5:45 P.M.
Public Library Auditorium
Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins.
Absent: Council Member Voetberg.
There was a discussion and presentation by W.H.K.S. & Co. representatives and City Staff on the
design for opening Eighth Street and work on the Town Clock Plaza.
There being no further business, upon motion meeting adjourned at 6:59 p.m.
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Mary A Davis CMC
City Clerk
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Regular Session, Monday, March 1, 1999
7:00 P.M., Public Library Auditorium
Present: Mayor Duggan, Council Members Buol, Markham, Michalski, Nicholson, Robbins, Voetberg
(via electronic means), City Manager Michael Van Milligen, Corporation Counsel Barry A. Lindahl.
Mayor Duggan read the call and stated this is the Regular Session of the City Council called for the
purpose to act upon such business which may properly come before the Council.
Invocation was given by Sister Gabrielle Hoefer, Hospital Chaplain, Mercy Medical Center.
MINUTES SUBMITTED - Cable TV Regulatory Commission of 2-10; Civil Service Commission of 2-15;
Five Flags Commission of 2-15; Human Rights Commission of 1-18; Plumbing Board of 2-9; Zoning
Advisory Commission of 2-4 & 17, upon motion received and filed.
Proof of Publication on Notice of publishing City of Dubuque calendar year 1998 salaries, upon motion
received and filed.
NOTICE OF CLAIMS/SUITS -- BFI Waste Systems of N.A. Inc, in amount of $3,998.21 for vehicle
damages; Dr. & Mrs. William J. Dall in amount of $60.15 for property damages; Timothy Kelly in amount
of $208.11 for vehicle damages; Ricky Meyer in amt. of $2,500 plus medical costs for personal injuries;
Thomas O. Nesler in amount of $802.44 for vehicle damages; Bernadine Schmid in undetermined
amount fo; personal injuries, upon motion referred to the Legal Staff for investigation and report.
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Corporation Counsel advising following claims have been referred to Public Entity Risk Services of
Iowa, the agent for the Iowa Communities Assurance Pool: Vehicle damage of Emily Balis; Vehicle
damage of Fred Brenke, Jr; Vehicle damage of Jack B. Crahan; Personal injury of Christina Schiessl;
Vehicle damage of Terrence L. Schmidt; Vehicle damage of Jeff J. Vandermillen; Corporation Counsel
advising the claim of Janice and Michael McClain has been further forwarded for a defense, upon
motion received and filed.
Corporation Counsel recommending settlement of property damage claim of Marlyn J. Langevin in
amount of $328.00 and Finance Director to issue check, upon motion received and filed and approved
recommendation.
Mrs. Eugene Plumley, Sr. expressing concerns on the law regarding parking RV's on their own property,
upon motion received and filed.
City Manager recommending adoption of Supplement No. 39 to the Code of Ordinances, upon motion
received and filed. Buol moved adoption of Resolution No. 93-99 Adopting Supplement No. 39 to the
City Code of Ordinances. Seconded by Robbins. Motion carried 7-0.
Dubuque Metropolitan Area Solid Waste Agency advising of their intent to explore the feasibility of
expanding its service area and requesting response from City of Dubuque Staff regarding the ability and
willingness to treat additional leachate, upon motion referred to the City Manager.
Iowa DOT advising of letting of a project in April to reconstruct U.S. 61 southbound exit ramp to Kerper
Boulevard/Dubuque Greyhound Park and Casino and copy of letter from City Manager to lOOT
requesting consideration be given to minimize length of closure for project concerning entrance to
Greyhound Park, upon motion received and filed.
John Whalen requesting that the Landlord Housing Code stay intact, upon motion received and filed.
Attorney Arthur Gilloon, on behalf of Tugboat Willy, requesting approval of lease between Dubuque
Yacht Basin and Tugboat Willy's Inc. to operate a restaurant formerly known as the Wheelhouse, upon
motion referred to the City Manager and Staff.
ORA requesting amendment to their 1999 CIP Schedule, to allow for a racetrack surface replacement
project to proceed at a cost that exceeded the original CIP Schedule; City Manager recommending
approval of request from ORA, upon motion received and filed and approved recommendation.
Civil Service Commission certifying list of individuals who have successfully passed the written exam
for position of Aquatics and Therapeutic Recreation Supervisor, upon motion resolved to make this a
matter of record.
City Manager recommending acceptance of Patent Deeds for lOOT Properties, upon motion received
and filed. Buol moved adoption of: Resolution No. 94-99 Accepting conveyance of City Lot 307 A in
the City of Dubuque; Resolution No. 95-99 Accepting conveyance of City Lot 500B and City Lot 500C
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in the City of Dubuque; Resolution No. 96-99 Accepting conveyance of City Lot SODA in the City of
Dubuque; Resolution No. 97-99 Accepting conveyance of City Lot 5000 in the City of Dubuque;
Resolution No. 98-99 Accepting conveyance of City Lot 303A in the City of Dubuque. Seconded by
Robbins. Motion carried 7-0.
City Manager recommending approval to publish combined notice for release of funds for Eagle
Window & Door Project, upon motion received and filed. Buol moved adoption of Resolution No. 99-99
Authorizing publication of a combined notice of findings of No Significant Impact on Environment and
Notice of Intent to request Release of Funds for Eagle Window and Door. Seconded by Robbins.
Motion carried 7-0.
City Manager recommending acceptance of Dubuque Technology Park Site Grading Project, upon
motion received and filed. Buol moved adoption of Resolution No. 100-99 Accepting Improvement for
project and Resolution NO.1 01-99 Approving final estimate in amount of $338,054.49. Seconded by
Robbins. Motion carried 7-0.
City Manager recommending approval of the Administrative Services and Financial Agreement for the
Delta Dental Plan, upon motion received and filed and approved recommendation.
City Manager recommending approval of amendment to ADLlAdvanced Data Comm Development to
extend closing to March 18th, upon motion received and filed and approved recommendation.
City Manager recommending approval of CEBA application for Cottingham & Butler, upon motion
received and filed. Buol moved adoption of Resolution No.1 02-99 Authorizing filing of CEBA
application on behalf of Cottingham & Butler. Seconded by Robbins. Motion carried 7-0.
City Manager recommending approval of Amendment #2 to CarteGraph to extend date for closing,
upon motion received and filed and approved recommendation.
City Manager recommending approval of right-of-way acquisition with lOOT on Iowa Highway 32, upon
motion received and filed. Buol moved adoption of Resolution No. 103-99 Approving cooperative
agreement with lOOT relating to right-of-way acquisition for construction of Iowa Highway 32 (Northwest
Arterial) from J. F. Kennedy Road to U.S. Highway 52. Seconded by Robbins. Motion carried 7-0.
Buol moved adoption of Resolution No. 104-99 Granting issuance of Class "B" Beer Permits to Kids
World Pizza Place and Bunker Hill Golf Course; Class "C" Beer Permits to Econofoods #471, Dubuque
Discount Gas and Big 10 Mart and Resolution No. 105-99 Granting issuance of Class"B" Liquor
License to Days Inn; Class "C" Liquor Licenses to Eagles Club, Diamond Jo Casino, Cue Master
Limited, DBQ Greyhound Park & Casino; Finney's Bar & Grill, Hammerheads Bar/Billiards and
Neighbor's Tap. Seconded by Robbins. Motion carried 7-0.
BOARDS AND COMMISSIONS:
HOUSING CODE APPEALS BOARD
Two three-year terms which will expire 1-11-02. Applicants: Tom Hannan, Robert Sampson. Upon
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vote, Tom Hannan reappointed and Robert Sampson appointed.
Upon motion it was resolved to suspend the rules to allow anyone present to address the Council if they
so desire.
Proof of Publication on Notice of Public Hearing to consider annexing properties as requested by
Ronald & Joann Ludwig and Lawrence and Katherine Ludwig located west of Peru Road, south of the
Ginger Ridge subdivision and north of the Terrace Heights Mobile Home Park, upon motion received
and filed. Michalski moved adoption of Resolution No. 106-99 Annexing above properties to the City
of Dubuque. Seconded by Robbins. Motion carried 7-0.
Proof of Publication on Notice of Public Hearing to consider reclassifying properties West of Peru Road
and North of Kennedy Court from County A-1 to PUD for Emerald Acres No.2, concurrent with
annexation (Lawrence & Katherine Ludwig with contract to Tschiggfrie), upon motion received and filed.
Lawrence Ludwig spoke.
Harry Althaus of Gardners Lane as an adjoining property owner spoke of water drainage concerns.
Ordinance No. 10-99 Reclassifying property located West of Peru Road and North of Kennedy Court
from Dubuque County A-1 Agricultural District to City's PUD Planned Unit Development District with a
PR Planned Residential District designation and adopting a Conceptual Development plan with
conditions, for Emerald Acres No.2, with first and second readings given on 2-15-99, now presented
for final action. Nicholson moved final consideration and passage of the Ordinance. Seconded by
Robbins. Motion carried 7-0.
Proof of Publication on Notice of Public Hearing to consider reclassifying property located at 17111
Peru Road from County A-1 to R-1, concurrent with annexation (Ronald & Joann Ludwig), upon motion
received and filed. Ordinance No. 11-99 Reclassifying property located at 17111 Peru Road from
Dubuque County A-1 Agricultural District to City's R-1 Single-Family Residential District, with first and
second readings given on 2-15-99, now presented for final action. Markham moved final consideration
and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0.
Proof of Publication on Notice of Public Hearing to consider reclassifying property North of Kennedy
Court and West of Peru Rd. from AG to R-1 District. (Tschiggfrie), upon motion received and filed.
Ordinance No. 12-99 Reclassifying property located North of Kennedy Court and West of Peru Road
from AG Agricultural District to R-1 Single-Family Residential District, with first and second readings
given on 2-15-99, now presented for final action. Buol moved final consideration and passage of the
Ordinance. Seconded by Nicholson. Motion carried 7-0.
Proof of Publication on Notice of Public Hearing to consider reclassifying property adjacent to 3939
Pennsylvania Ave. from R-1 to C-3 District. (East Dubuque Bancshares), upon motion received and
filed. Ordinance No. 13-99 Reclassifying property located adjacent to 3939 Pennsylvania Avenue from
R-1 Single-Family Residential District to C-3 General Commercial District, with first and second
readings given on 2-15-99, now presented for final action. Markham moved final consideration and
passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0.
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Proof of Publication on Notice of Public Hearing to consider amendment pertaining to freestanding
signage of PC District located at 255 JFK Rd. (Shopko), upon motion received and filed. Ordinance
No. 14-99 Repealing Section 2.E(1) of Ordinance No. 61-89 and enacting a new Section 2.E(1) in lieu
thereof pertaining to Freestanding Signage of the PC Planned Commercial District located at 255 John
F. Kennedy Road with first and second readings given on 2-15-99, now presented for final action.
Robbins moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion
carried 7-0.
Proof of Publication on Notice of Hearing to consider issuance of not to exceed $900,000 Urban
Renewal Tax Increment Revenue Bond to support Advanced Data-Comm Project and City Manager
recommending to proceed with issuance of bonds, upon motion received and filed. Buol moved
adoption of Resolution No. 107-99 Instituting proceedings to take additional action for the issuance of
not to exceed $900,000 Urban Renewal Tax Increment Revenue Bonds. Seconded by Michalski.
Motion carried 7-0.
Proof of Publication on Notice of Public Hearing to consider reclassifying property at Southwest corner
of Northwest Arterial and Asbury Rd. from AG and C-3 District to PC designation (QHQ Properties);
Petition containing 164 names objecting to rezoning request and access road to the Northwest Arterial;
Petition containing 195 signatures in favor of rezoning; and QHQ responding to issues regarding the
zoning at Northwest Arterial & Asbury, upon motion received and filed.
Tim Quagliano & Jesse Anesi spoke to the project. Ron Paisley, Tom Schroeder, John Jungblut, John
Solwalke, Bud Schmidt, Jim Yeast, and Helen Varner all spoke objecting to various aspects of the
proposed development. Jeff Streinz, owner of Dubuque Discount Gas, spoke in favor of the rezoning
Ordinance No. 15-99 Reclassifying property located at Southwest corner of the Northwest Arterial and
Asbury Road from AG Agricultural District and C-3 General Commercial District, with conditions, to PUD
Planned Unit Development District with a PC Planned Commercial District designation and adopting
a Conceptual Development Plan, with conditions. with first and second readings given on 2-15-99, now
presented for final action. Nicholson moved final consideration and passage of the Ordinance.
Seconded by Markham. Carried by the following vote: Yeas--Duggan, Markham, Michalski,
Nicholson. Nays--Buol, Robbins, Voetberg.
Proofs of Publication on Notice of Hearing on Plans & Specs. and Notice to Bidders on Receipt of Bids
for Dubuque Greyhound Park & Casino Kennel Area Parking Lot Improvements, upon motion received
and filed. Robbins moved adoption of Resolution No. 108-99 Adopting Plans & Specs. for project.
Seconded by Buo!' Motion carried 7-0. City Manager recommending to awarding contract for project,
upon motion received and filed. Robbins moved adoption of Resolution No. 109-99 Awarding Contract
for project to Tschiggfrie Excavating in the amount of $60,092.50. Seconded by Buo!. Motion carried
7-0.
City Manager recommending approval of revisions to Code of Ordinances pertaining to parks and
recreation, upon motion received and filed. Ordinance No. 16-99 Amending Chapter 14 of the Code
of Ordinances, Parks and Recreation, by renaming certain parks and establishing certain new parks;
by amending Section 34-54 prohibiting dogs, cats and other domestic animals in any park; and by
amending and renumbering Sec. 34-67 relating to the use of bicycles, motorcycles, etc. in parks,
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presented and read. Buol moved that the requirement that a proposed Ordinance be considered and
voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be
suspended. Seconded by Markham. Motion carried 7-0. Buol moved final consideration and
passage of the Ordinance, as amended. Seconded by Markham. Motion carried 7-0.
City Manager recommending approval to remove parking on portion of Ida Street,. upon motion
received and filed. Ordinance No. 17-99 Providing for removal of parking on east side of Ida Street
from Grace to Delhi Streets, presented and read. Buol moved that the requirement that a proposed
Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at
which it is to be finally passed be suspended. Seconded by Nicholson. Motion carried 7-0. Buol
moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 7-0.
City Manager recommending approval and execution of an Enterprise Zone Agreement by and among
Iowa Department of Economic Development between City and Swiss Valley Farms Co., upon motion
received and filed. Michalski moved adoption of Resolution No. 110-99 Approving an Enterprise Zone
Agreement by and among the Iowa Department of Economic Development, the City of Dubuque and
Swiss Valley Farms Company. Seconded by Markham. Motion carried 7-0.
City Manager requesting authorization to negotiate and execute a contract with Carter -Goble, Inc. for
transportation system design, upon motion received and filed and approved request.
City Manager recommending approval of offers to buy the Merchants Hotel (302 Main Street) for
$20,000 and the Union Cigar Store (332-338 Main Street) for $60,000, upon motion received and filed
and approved recommendation.
City Manager requesting a public hearing be set for March 15 to consider annexation for project known
as Highway 20 West Annexation Plan, upon motion approved request and set public hearing for 3-15-
99 at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner
prescribed by law.
Zoning Advisory Commission advising of their approval to rezone farm land on Highway 20 West from
County A-1 to C-3 District, in conjunction with voluntary annexation (Wm. & Janet Siegert), presented
and read. An Ordinance Reclassifying land located on Highway 20 West from County A-1 Agricultural
to City C-3 General Commercial District, presented and read. Buol moved that the requirement that
a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the
meeting at which it is to be finally passed be suspended. Seconded by Nicholson. Motion carried 7-0.
Buol moved that a Public Hearing be held on the proposed Ordinance on the 15th day of March, 1999
at 7:00 p.m. in the Public Library Auditorium and that the City Clerk publish notice in the manner
prescribed by law. Seconded by Nicholson. Motion carried 7-0.
City Manager submitting documents providing for construction of South Fork Sanitary Sewer project,
upon motion received and filed. Michalski moved adoption of: Resolution No. 111-99 Preliminary
approval of plans & specs. for project in estimated amount of $390,267.93; Resolution No. 112-99
Fixing Date of Hearing on plans & specs. for April 5, 1999; Resolution No. 113-99 Ordering Bids and
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directing Clerk to advertise. Seconded by Buo!. Motion carried 7-0.
City Manager submitting documents providing for construction of Manhole Reconstruction Project, upon
motion received and filed. Buol moved adoption of: Resolution No. 114-99 Preliminary approval of
plans & specs. for project in estimated amount of $57,930.68; Resolution No. 115-99 Fixing Date of
Hearing on plans & specs. for April 5, 1999; and Resolution No. 116-99 Ordering Bids and directing
Clerk to advertise. Seconded by Robbins. Motion carried 7-0.
There being no further business, upon motion meeting adjourned at 9:34 p.m.
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Mary A. Davis CMC
City Clerk
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